May Day 2022 in Toronto, Ontario, Canada: The Case of the President of the Ontario Public Services Employee Union (OPSEU), J.P. Hornick, Part One: A Fair Contract

Introduction

I did not attend the May Day rally here in Toronto. I did however attend it in 2014 (I had moved to Toronto at the end of August 2013). At the time, in 2014, it looked mainly like a protest of the fringe left who were not supported by organized unions. There were a few unions present (if I remember correctly, for example, CUPE 3903, a union “representing contract faculty, teaching assistants, graduate assistants, and part-time librarians and assistants.”

I did, however, in 2022, look at a couple of videos on YouTube that showed some of the speeches given. This year union representatives were present.

Now, I have little doubt that my personal presence at the rally would make no difference politically. On the other hand, personal presence is sometimes necessary to show workers’ strength in numbers. However, from the speeches that I heard on YouTube, it was evident that the main agenda was a critique of the Conservative Doug Ford government here in Ontario (elections were on June 2, 2022).

Of course, it is understandable that the immediate aim should have been the defeat of the Ford government. The government has been, as some of the speakers had indicated, a very pro-employer government.

On the other hand, there was no indication of any other point of view than the implicit social-democratic or social-reformist point of view. After workers have experienced the personal stress of having to work under even worse conditions than they normally do on a global scale, and after many citizens, immigrants and migrant workers have personally experienced tragedy in their lives during the pandemic, the need to organize to end the class power of employers was nowhere to be seen.

Thus, one video shows a speech by J.P. Hornick, the relatively new president of the Ontario Public Service Employees Union (OPSEU). Her main target is Doug Ford’s government.

Ms. Hornick is likely an improvement over the former president of OPSEU, Warren “Smokey” Thomas (see my criticisms of his views in the posts Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part Two: Warren “Smokey” Thomas, President of The Ontario Public Services Employees Union (OPSEU) ) and Smokey Thomas, President of the Ontario Public Service Employees Union (OPSEU)–A Good Example of the Real Attitude of Many Union Leaders Towards the Ruling Class). But then again, it would be hard to not be an improvement over a union “leader” who criticizes those who criticize Conservative Ontario leader Doug Ford.

Indirect Evidence That Ms. J.P. Hornick, President of the Ontario Public Service Employees Union (OPSEU) is a Social Democrat or a Social Reformer

But who is JP Hornick? Obviously, to characterize any person is a complicated process that involves delving into history. As John Dewey once noted (Logic: The Theory of Inquiry), logically, to properly describe something necessarily involves a narrative form, with a beginning, a middle and an end. The following obviously falls short of this standard, but at least it is a beginning. I invite others to improve on it.

Ms. Hornick works (or worked) at George Brown College in Toronto as a professor. From https://www.georgebrown.ca/preparatory-liberal-studies/liberal-arts-sciences/school-of-labour/staff-profiles ):

Professor JP Hornick

JP Hornick is the current Coordinator of the School of Labour at George Brown College and a long-time social activist. JP is also vice-chair of the OPSEU Divisional Executive for the Colleges of Applied Arts and Technology–Academic. She is presently on the Board of Directors of the community arts organization Red Dress Productions.

An experienced educator and steward, JP is committed to bringing a socially progressive labour perspective to students and workers through workshops, training, and community events

A natural question would be: What is the School of Labour? A webpage from the College ( https://www.georgebrown.ca/preparatory-liberal-studies/liberal-arts-sciences/school-of-labour) indicates the following: 

George Brown College has partnered with the Labour Council of Toronto and York Region since 1992 to establish and maintain the School of Labour. It is governed by a Joint Board, co-chaired by the Presidents of the College and of Labour Council.

Together, our commitment is to socially progressive curriculum that respects working people and expands their access to post-secondary education. We work to make George Brown a “labour-friendly” college because we believe that labour contributes to and enriches not just the college’s culture, but the whole society’s.

Our Mission Statement

Our mission is to:

  • Facilitate improved access to post-secondary education and socially progressive, relevant curriculum for working people.
  • Facilitate effective working relationships among the College, unions and their members for the benefit of working people.
  • Bring a progressive labour perspective to the College and its students.
  • Help ensure that George Brown College retains and strengthens a reputation as a ‘labour-friendly’ educational institution, and an awareness that labour contributes to and enriches the culture of the college.

Working Principles

Both the Labour Council and George Brown College are guided by the following principles in working together:

  • A respect for working people, the union movement and its educators.
  • A respect for the right of working people to formally-accredited, worker-centred education and training.
  • A commitment to expanding the access of workers to education and training.
  • A belief in the educational value of work experience.
  • A belief in the value of formal links between the publicly-funded education system and the trade union movement.

In offering training and services to unionized workers, and labour education to George Brown College students, the School of Labour works in coordination with the Labour Education Centre (LEC), the educational project of the Labour Council.

Coordinator: JP Hornick
Phone: 416.415.5000 ext. 3531 Email: jphornic@georgebrown.ca

Labour Educator: Kathryn Payne
Phone: 416-415-5000 ext. 3414 – E-Mail: kpayne@georgebrown.ca

Given the link between the School of Labour and Toronto & York Region Labour Council, it is probable that the School of Labour is a social-democratic or reformist organization. John Cartwright, the former president of the Toronto & York Region Labour Council wrote the following in 2018:

We need to fight for labour law reform including broader based bargaining so that precarious workers can have a vehicle in which to achieve dignity and economic justice.

My comment to that statement, made in a previous post:

It is unlikely that he means by economic justice the creation of a working-class movement organized to abolish the treatment of workers as a class. He probably means the signing of a collective agreement, with its management rights clause. (For an example of a management rights clause.  Management Rights: Private Sector Collective Agreement, British Columbia

Compare this with the money circuit of capital (The Money Circuit of Capital) to determine whether workers experience economic justice even in the best-case scenario of a collective agreement. Or do not socialist principles include opposing treating human beings as things, as mere means for others’ purposes?

More Direct Evidence that Ms. Hornick is a Social Democrat or Social Reformer

But this is only indirect evidence that Ms. Hornick holds social-democratic or social-reformist views–views that aim to humanize the class power of employers (alias capitalism) rather than abolish it. Is there more direct evidence? Yes, there is. 

Ms. Hornick, although likely an improvement over Mr. Thomas’ leadership, shares much of Thomas’ beliefs–and those of other union leaders throughout Canada. Thus, she, like they, uses the rhetoric of “fair contracts.”

  1. From  https://opseu.org/news/on-the-line-college-faculty-strike-bulletin-4/16849/, dated November 1, 2017: 

On the Line: College Faculty Strike Bulletin #4

Your bargaining team is ready to bargain when contract talks resume Thursday.

“College faculty are taking a stand for a better college education system. We are ready, as we have been from the start, to bargain a fair contract that addresses the issues of good jobs and quality education.” JP Hornick, bargaining team chair. [my emphasis]

On November 8, 2017, OPSEU had a news conference concerning negotiations between academic faculty in Ontario colleges and the College Employer Council (CEC, or the Council), representative for the employer. At the beginning of the presentation, there is written the following: 

OPSEU college faculty held a press conference in Toronto, Tuesday, November 7, affirming their commitment to bargaining a fair contract that includes quality education and fairness for all faculty. [my emphases]

A further message indicates how the management side acted: 

Colleges have called for a forced vote on their final offer, which contains serious concessions. Meanwhile, faculty remain strong on the picket line at colleges across the province. 

Mr. Thomas, who at the time was the president of OPSEU, then indicated that the union negotiating team had not thought that there was a great gulf between the parties to negotiations. However, on Monday the government as negotiator indicated that it was going to ask the Ministry of Labour to conduct a vote–a legal move that they can do once. Mr. Thomas then indicated that the union negotiating team modified its demands and met the employer more than half way. They wanted the Council  to come back to the bargaining table since they were very close to a deal. 

Ms. Hornick, presumably as a member of the negotiating team, then implied that the Council’s request for a vote was continuous with the tactics of the Council since July, “which is to dictate rather than negotiate.” Despite the dictatorial attitude of the Council, both sides did manage to agree on many things before the last request for a vote. What was mainly left was the academic freedom piece. That issue revolved around “who is better placed to make decisions for our classrooms? Is it the faculty who are working with the students, or administrators who may have not even taught before or don’t know the subject matter.” The union negotiating team tabled an offer at that point, and the Council came back with a new final offer that contained many concessions that were designed to undermine the work the union negotiating team had done on protecting contract faculty. Their counter offer also tried to create unlimited overtime and individual bargaining with faculty. The union negotiating team could not accept this. The Council then indicated  that it was taking this to the Ontario Labour Relations Board for a forced offer vote. 

The night before this conference, the union negotiating team came back with a counter offer: retain the old collective agreement except for the items that both had already agreed to during negotiations, such as language that would protect contract faculty in terms of job security and seniority. The union negotiating team also took the language concerning academic freedom used by other party and worked into a clause that should have been acceptable by Council. Ms. Hornick then summarized what the union negotiating team had offered the night before the conference:  

  1. status quo
  2. things they had agreed on 
  3. and academic freedom–a no-cost item

But the Council rejected the offer.

Mr. Hornick then proceeded to indicate that the union negotiating team was still ready to negotiate so that a final negotiated agreement could be taken for ratification and faculty would be happily back in our classrooms very soon. 

The college faculty went out on strike, and the strike lasted for about five weeks, until the Liberal government of Kathleen Wynne legislated the workers back to work. 

To return to the main issue: how is it possible to obtain “fair contracts” in the context of the class power of employers? What does the term “fair contracts” mean? Sam Gindin, former research director for the Canadian Auto Workers (CAW) (now Unifor), wrote the following:

[But] unless we can respect workers enough to address the reality and win them over, we’re left with a progressive demand that is in essence an abstract slogan.

Is this persistent reference to “fair contract” an abstract slogan? Does it not cover up the real nature of the power relation between management and workers? 

What of the phrase “fairness for all faculty?” What does that mean? Is it possible to achieve fairness for all faculty in the context of the employer-employee relation? Such a relation is hierarchical and characterized by dictatorship (see for example  Employers as Dictators, Part One). 

Or is the following an example of a “fair contract?” From Academic Employees Collective Agreement Between College Employer Council (the Council) for the Colleges of Applied Arts and Technology and: Ontario Public Service Employees Union (for Academic Employees), effective from: October 1, 2017 to: September 30, 2021. 

Article 6
MANAGEMENT FUNCTIONS

6.01 It is the exclusive function of the Colleges to:

(i) maintain order, discipline and efficiency;

(ii) hire, discharge, transfer, classify, assign, appoint, promote, demote, lay off, recall and suspend or otherwise discipline employees subject to the right to lodge a grievance in the manner and to the extent provided in this Agreement;

(iii) manage the College and, without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, courses, systems and procedures, direct its personnel, determine complement, organization, methods and the number, location and classification of personnel required from time to time, the number and location of campuses and facilities, services to be performed, the scheduling of assignments and work, the extension, limitation, curtailment, or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.

6.02 The Colleges agree that these functions will be exercised in a manner consistent
with the provisions of this Agreement.

Who made the employer the dictator? Why is it that they have such power? Why the separation of administrative powers from the actual work of the workers who constitute and make up the university? And not just academic faculty. There are library workers, administrative personnel, cleaning personnel, trade persons and so forth. 

What of “good jobs?” 

As I wrote in another post (The Poverty of Academic Leftism, Part Three: Collective Bargaining and the Interests of the Working Class): 

Furthermore, a few privileged sets of workers (such as tenured university professors) may seem to have “decent jobs,” but even that situation has eroded over time. It should not be forgotten that such relatively privileged workers exist in a sea of workers, whether unionized or not, who are things to be used by employers systematically and legally. University professors cannot engage in research, teaching and administrative activities unless there are other workers who produce their food, clothing, cars and so forth.

The concept of “decent jobs” or “decent work” even in the case of tenured professors cannot be divorced from the general economic, political and social context within which such workers work. As Thomas Hodgskin wrote (1825):

To enable … the labourer to devote himself to any particular occupation, it is … necessary that he should possess … a conviction that while he is labouring at his particular occupation the things which he does not produce himself will be provided for him, and that he will be able to procure them and pay for them by the produce of his own labour. This conviction arises, in the first instance, without any reflection from habit. As we expect
that the sun will rise tomorrow, so we also expect that men in all time to come will be actuated by the same motives as they have been in times past. If we push our inquiries still further, all that we can learn is, that there are other men in existence who are preparing those things we need, while we are preparing those which they need. The conviction may, perhaps, ultimately be traced them to our knowledge that other men exist and labour.

Ms. Hornick, of course, cannot be accused of focusing exclusively on the work of tenured professors. She, along with the other members of the bargaining team, attempted to provide protection for contract faculty as well. However, the implicit standard of the bargaining team in general and Ms. Hornick in particular for determining what constitutes “good jobs” is permanent, relatively secure employment–with a particular employer.

Even if all faculty in the colleges had relatively secure positions (a big if), in the first place, there are other workers in the colleges that do not have such security. Furthermore, to ignore the insecurity of other workers in all branches of work (industrial, commercial, financial, transport, agriculture, construction, high technology, education, health care) and to call the isolated work of relatively secured work at colleges “good jobs” is to define what constitutes a good job on the basis of a part of a whole that involves ignoring the whole of which it is a part. 

To ignore the division of labour and what makes possible the work of any particular part simply leads to narrow-mindedness and, ultimately, to the illusion of security since, if the sea of other workers involves insecure work, how can even the secure workers remain secure?

As I wrote in the other post: 

This division of labour is implied in a poem by one of the most famous poets of Guatemala, Otto Rene Castillo (from Apolitical Intellectuals):

Apolitical Intellectuals

One day
the apolitical
intellectuals
of my country
will be interrogated
by the simplest
of our people.

They will be asked
what they did
when their nation died out
slowly,
like a sweet fire
small and alone.

No one will ask them
about their dress,
their long siestas
after lunch,
no one will want to know
about their sterile combats
with “the idea
of the nothing”
no one will care about
their higher financial learning.

They won’t be questioned
on Greek mythology,
or regarding their self-disgust
when someone within them
begins to die
the coward’s death.

They’ll be asked nothing
about their absurd
justifications,
born in the shadow
of the total lie.

On that day
the simple men will come.

Those who had no place
in the books and poems
of the apolitical intellectuals,
but daily delivered
their bread and milk,
their tortillas and eggs,
those who drove their cars,
who cared for their dogs and gardens
and worked for them,
and they’ll ask:

“What did you do when the poor
suffered, when tenderness
and life
burned out of them?”

Apolitical intellectuals
of my sweet country,
you will not be able to answer.

A vulture of silence
will eat your gut.

Your own misery
will pick at your soul.

And you will be mute in your shame.”

To focus exclusively on the work of a bargaining unit (which is what unions do, at least in Canada) while neglecting the general context in which the bargaining unit functions is a narrow and sectionalist point of view that ignores the reality of social interdependence of workers on each other. As Hodgskin pointed out, pages 45-46: 

To enable either the master manufacturer or the labourer to devote himself to any particular occupation, it is only necessary that he should possess … a conviction that while he is labouring at his particular occupation the things which he does not produce himself will be provided for him, and that he will be able to procure them and pay for them by the produce of his own labour. This conviction arises, in the first instance, without
any reflection from habit. As we expect that the sun will rise to-morrow, so we also expect that men in all time to come will be actuated by the same motives as they have been in times past. If we push our inquiries still further, all that we can learn is, that there are other men in existence who are preparing those things we need, while we are preparing those which they need. The conviction may, perhaps, ultimately be traced then to our knowledge that other men exist and labour.

The unconscious dependence of one set of workers on other workers, however, should not be used as a reason for omitting such objective dependence; those who represent workers should acknolwedge such dependence–after all, such objective dependence is the basis for arguing for the need for solidarity among workers. 

Admittedly, tenured professors have much more freedom in their work than untenured ones and contract faculty (faculty who do not have permanent status and who often experience precarious working conditions), but this freedom, when set in the context of the general lack of freedom among the working class, needs to be taken into account when referring to “fair contracts” and “good jobs.” Freedom for a minority of workers that involves the negation of freedom for the majority of workers hardly constitutes freedom based on working-class solidarity. 

As for “quality education,” although it is certainly better to fight for faculty workers who have a more stable position and thus provide more consistent and continuous service to students, quality education as a goal requires a consideration of the entire educational system, from kindergarten to university. For example, what is Ms. Hornick’s position with respect to the existence and need for grades (marks) when evaluating a student’s work? Does she think that the existence of grades interferes with the learning process? Collective agreements hardly have begun to address that, and I doubt that Ms. Hornick refers to this at all in her reference to “quality education.” Her reference is to a very narrow definition of what constitutes “quality education”–limited in reference to the immediate situation of the university. (For a critique of the use of grades in schools, see The Expansion of Public Services Versus a Basic Income, Part Two: How the Social-democratic Left Ignore the Oppressive Nature of Public Services: Part One: Oppressive Educational Services). 

2. On May 5, 2021, we read: 

Tweet

Conversation

Of course, unionized settings, by limiting the power of management, do tend to keep communities safER, but hardly SAFE. This is bullshitting the workers. Another union rep was more truthful. From Steven Bittle, Still Dying for a Living: Shaping Corporate Criminal Liability After the Westray Mine Disaster, doctoral dissertation, page 202:

Another union representative expressed concern [with the proposed government legislation] that unions can be held responsible for workplace accidents, noting that unions and employees have little decision-making control with the organization:

“…basically we wanted the legislation to go after corporate bosses, basically, because
they’re the ones that make the decisions. At the end of the day any decision that’s
made on anything to do with the business comes about as a result of management’s
decision. It doesn’t come about because of a union decision. We wish, but it doesn’t.
They have the ultimate authority to manage, and that authority is only restricted by
terms of a collective agreement, and in very few cases, maybe in terms of regulations or legislation. So we were hoping that it would focus more on criminal liability for those that have the power to make decisions. But in reality what it does is that it will hold anybody accountable if the investigation shows there was any part played in any particular incident by anybody from the janitor right up to the CEO. Now some people will argue, why not? Well normally, in my experience in almost forty years, is that any decision made by the janitor is usually something that is usually handed down from above, right. And there are very few cases where you could actually cite where somebody at that level had any type of malicious intent to do anything to cause harm “(Union representative, Interview 12).

3. From    http://www.local244.ca/2022/jobaction , dated January 17, 2022: 

W2R Update #4: Town Hall Meeting, Jan 5, 2022 06:30 PM

5. What should I tell my students about work-to-rule?

You are invited to adapt either of the following messages, to suit your purposes…: 

“In response to the College Employer Council’s decision to unilaterally impose employment conditions after college faculty voted to support strike actions (https://www.collegefaculty.org/2021/12/17/opseu-sefpo-stands-in-support-of-college-faculty-members/), Ontario college faculty are now following work-to-rule guidelines established by the Faculty Bargaining Team.

Faculty have chosen to focus on our students’ needs and not interrupt College courses with a strike at this time, while demanding that our employer negotiate a fair resolution to this labour dispute [my emphasis]. Work-to-rule means that we will be working only the time outlined by our current contract and workload assignments, or our job descriptions. This means that we may not be available for additional, volunteer work that we may normally do, or work outside of regular work hours. Therefore, we may take more time than usual to respond to emails or other forms of communication and any additional work-related requests.

Currently we are in Phase 2 of the planned work-to-rule job actions. For more information on these actions including a work-to-rule FAQ, please visit: https://www.collegefaculty.org/work-to-rule/.

We appreciate your patience and your support in our efforts to improve working conditions for Ontario college faculty and the learning conditions of Ontario college students.”

In solidarity,

Your CAATA Bargaining Team

Ms. Hornick was chair of  the CAATA bargaining team at the time. 

4. The following is from a series of bargaining updates: From  https://opseu354.ca/bargaining-updates/   : 

Faculty solidarity works: your team is doing everything we can to protect the year for students, and to achieve a fair settlement that addresses faculty needs. It is up to the College Presidents to do their part.

In solidarity,

JP, Jonathan, Katie, Michelle, Ravi, Rebecca, Shawn

Your CAAT-A Bargaining Team

I assume JP means J.P. Hornick.

Ms. Hornick’s position is very similar to the position of Brian Forbes, who was president of the Nova Scotia Teachers Union from 2002 until 2004 (see for example my post Academic Narrow-mindedness: A Reason for Starting a Blog, Part Three).  Mr. Forbes complained that the Nova Scotia government, as employer, was engaging in underhanded methods by, on the one hand, not negotiating in good faith and, on the other hand, in trying to negotiate independently of the negotiating team. From Brian Forbes (Spring/Summer 2017), “The Assault on Teachers’ Collective Bargaining Rights in Nova Scotia,” in pages 20-29, Our Schools/Our Selves, page 21: 

While the two [negotiating] teams were engaged in trying to establish dates for further meetings, the Union’s chief negotiator, lawyer Ron Pink, was “approached by senior representative of the province … and asked if [he] would have a ‘discussion’ with the government about the possibility of settling the issues in dispute without lengthy and diffcult negotiations.” According to Mr. Pink, that led to “negotiations” between himself and the individual who had approached him, during which he consulted with “senior leadership of the union” and relayed their responses back to the unnamed government representative. 

Brian Forbes implies that was needed was fair negotiations–the usual process of give and take of conceding certain demands of the other side of negotiations if the other side does the same to the point where an agreement is reached that addresses the interests of both parties. The intent is to reach an agreement–but not at the expense of one’s own “bottom line.” Strikes or lockouts thus form part of the whole process even in the case of “fair negotiations.” 

I have constantly questioned on this blog the idea that, from the workers’ point of view, that there can be such a thing as a fair collective-bargaining process or fair collective agreement (fair contract). This is ideology that hides the reality of oppression and exploitation for most workers, whether unionized or non-unionized. 

Ms. Hornick undoubtedly is right to show concern about the tactics of management. As she stated in her presentation in the first point above, the union negotiating team bent over backward to reach an agreement: they proposed the maintenance of the former collective agreement, with the exception of three areas. 

The above quote manages to contain two clichés: “fair contracts” and “good jobs”(a.k.a. “decent work.” Good jobs are, apparently, relatively secure jobs that pay a unionized rate and provide some protection from the power of management. The opposite of good jobs is precarious jobs that pay minimum wage, are non-unionized and provide little protection from the power of management (except as provided by legislation, such as the Employment Standards Act). “Fair contracts” are, presumably, contracts negotiated by employers in good faith, recognizing the legitimacy of the union and the concerns of workers that are negotiated. 

I will not repeat what I have written elsewhere concerning the lack of critical thinking when it comes to using these two clichés (see for example Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One: The Canadian Union of Public Employees (CUPE) and  Do Collective Agreements Convert Working for an Employer into Decent Work?). 

5. On May 9, 2022, Ms. Hornick retweeted: 

JP Hornick Retweeted

OPSEU 231
 
@local231opseu

Thinking of our Union brothers and sisters with

as they begin their job action to get a fair agreement [my emphasis]. #SolidarityForever

Quote Tweet
 
CityNews Toronto
 
@CityNewsTO
·
Industrial and commercial construction projects across Ontario are expected to be impacted after workers with the Carpenters District Council of Ontario walked off the job at midnight. toronto.citynews.ca/2022/05/09/car
 

Of course, any radical leftist, out of solidarity, would generally support strike efforts of union members, but they would take issue about the rhetoric of “fair agreement.” 

Further evidence of her reformist views is her praise of the work of correction officers–whom she believes “keep us safe” in some fashion. But I will leave that, perhaps, to follow-up post. How they do so she fails to indicate.

Conclusion

Ms. Hornick’s stint as president of OPSEU will probably be an improvement, at least initially, over the former president, Warren “Smokey” Thomas, who was president for over 14 years. However, given that she shares the same beliefs as Mr. Thomas when it comes to the issue of the fairness of collective agreements, she may well end up similar to the current views of Mr. Thomas. It would be interesting to compare Mr. Thomas’ views, when he initially became president of OPSEU, and his current views. 

In a future post on this topic, perhaps, it will be shown that Ms. Hornick’s views on the role of corrections officers, whom OPSEU represents, reflect once again a social-democratic view–if not a more conservative and reactionary view. 

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